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Sub. H. B. No. 234 As Reported by the House Elections and Ethics Committee
As Reported by the House Elections and Ethics Committee
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Wolpert, Kearns, C. Evans, D. Evans, Beatty, Miller, Brown, Distel, S. Smith, Widowfield, Trakas, Boccieri, Hood, Allen, D. Stewart, Law, Uecker
A BILL
To amend sections 3501.22 and 3501.27 of the Revised Code to permit a board of elections, in conjunction with a board of education, the governing authority of a community school, or the chief administrator of a nonpublic school, to establish a program permitting certain high school seniors to serve as precinct officers on the day of an election, and to permit a board of elections to establish such a program for home-instructed students who are in the equivalent of the twelfth year of a one through twelve year instructional program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.22 and 3501.27 of the Revised Code be amended to read as follows:
Sec. 3501.22. (A) On or before the fifteenth day of September
in each year the board of elections by a majority vote shall,
after careful examination and investigation as to their
qualifications, appoint for each election precinct four competent
electors, residents of the county in which the precinct is
located, as judges. Such electors Except as otherwise provided in division (C) of this section, all judges of election shall be qualified electors. The judges shall constitute the election
officers of the precinct. Not more than one-half of the
total number of judges
shall be members of the same political party. The term of such
precinct officers shall be for one year. The board may, at any
time, designate any number of election officers, not more than one-half of
whom shall be members of the same political
party, to perform their duties at
any precinct in any election. The board may appoint additional
officials, equally divided between the two major political
parties, when necessary to expedite voting. Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges for such precincts for the unexpired term. Any judge may
be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office, or for any
other good and sufficient reason. Precinct election officials shall perform all of the duties provided by law
for receiving the ballots and supplies, opening and closing the polls, and
overseeing the casting of ballots during the time the polls are open, and any
other duties required by section 3501.26 of the Revised Code. A board of elections may designate two precinct election officials as
counting officials to count and tally the votes cast and certify the results
of the election at each precinct, and perform such other duties as are
provided by law. To expedite the counting of votes at each precinct, the
board may appoint additional officials,
not more than one-half of whom shall be members of the same
political party. The board shall designate one of the precinct election officials who is a
member of the dominant political party to serve
as a presiding judge, whose duty it is to deliver the returns of the election
and all supplies to the office of the board. For these services the presiding
judge shall receive additional compensation in an amount, consistent with
section 3501.28 of the Revised Code, determined by the board of elections. The board shall issue to each precinct election official a certificate of
appointment, which the official shall present to the presiding judge at the
time the polls are opened. (B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as precinct officers,
it may appoint persons to serve as precinct officers at a primary, special, or
general election who are at least seventeen years of age and are registered to
vote in accordance with section 3503.07 of the Revised Code. No more than two
precinct
officers in any precinct shall be under eighteen years of age.
(C)(1)(a) A board of elections, in conjunction with the board of education of a city, local, or exempted village school district, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the chief administrator of a nonpublic school may establish a program permitting certain high school students to apply and, if appointed by the board of elections, to serve as precinct officers at a primary, special, or general election.
In addition to the requirements established by division (C)(2) of this section, a board of education, governing authority, or chief administrator that establishes a program under this division in conjunction with a board of elections may establish additional criteria that students shall meet to be eligible to participate in that program.
(b) A board of elections may establish a program permitting certain students who are excused from attending a school that meets the minimum standards prescribed by the state board of education under section 3321.04 of the Revised Code because the students are being instructed at home to apply and, if appointed by the board of elections, to serve as precinct officers at a primary, special, or general election. (2)(a) To be eligible to participate in a program established under division (C)(1) of this section, a student shall be a United States citizen, a resident of the county, at least seventeen years of age, and enrolled in the senior year of high school or in the equivalent of the twelfth year of a one through twelve year instructional program at the time of appointment. (b) Any student applying to participate in a program established under division (C)(1) of this section, as part of the student's application process, shall declare the student's political party affiliation with the board of elections. (3) No student appointed as a precinct officer pursuant to a program established under division (C)(1) of this section shall be designated as a presiding judge. (4)(a) Any student participating in a program established under division (C)(1)(a) of this section shall be excused for that student's absence from school on the day of an election at which the student is serving as a precinct officer. (b) The number of hours that any student participating in a program established under division (C)(1)(b) of this section spends serving as a precinct officer on the day of an election shall be counted towards the number of hours of instructional time required of that student by rule of the state board of education, except that no more than six and one half hours shall be counted toward the student's required hours of instructional time for serving as a precinct officer for any one election.
Sec. 3501.27. (A) All judges of election shall be
qualified electors who have completed complete a program of instruction
pursuant to division (B) of this section. No person who has been
convicted of a felony, or any violation of the election laws, or
who is unable to read and write the English language readily, or
who is a candidate for an office to be voted for by the voters of
the precinct in which he the person is to serve shall serve as
an election
officer. A person when appointed as an election officer shall
receive from the board of elections a certificate of appointment
which may be revoked at any time by the board for good and
sufficient reasons. Such certificate shall be in such form as
the board prescribes and shall specify the precinct, ward, or
district in and for which the person to whom it is issued is
appointed to serve, the date of appointment, and the expiration
of his the person's term of service. (B) Each board shall establish a program as prescribed by
the secretary of state for the instruction of election officers
in the rules, procedures, and law relating to elections. In each
program, the board shall use training materials prepared by the
secretary of state, and may use additional materials prepared by
or on behalf of the board. The board may use the services of
unpaid volunteers in conducting its program and may reimburse
such volunteers for necessary and actual expenses incurred in
participating in the program. The board shall train each new election officer before the
new officer participates in his the first election in that
capacity. The board shall instruct election officials who have been trained
previously only when the board or secretary of state considers such
instruction necessary, but the board shall reinstruct such
persons, other than presiding judges, at least once in every
three years and shall reinstruct presiding judges before the
primary election in even-numbered years. The board shall
schedule any program of instruction within sixty days prior to
the election in which the officials to be trained will
participate. (C) The duties of a judge of an election in each polling
place shall be performed only by an individual who has
successfully completed the requirements of the program, unless
such an individual is unavailable after reasonable efforts to
obtain such services. (D) The secretary of state shall establish a program for
the instruction of members of boards of elections and employees
of boards in the rules, procedures, and law relating to
elections. Each member and employee shall complete the training
program within six months after his the member's or employee's
original appointment or employment, and thereafter, each member and employee
shall complete a training program to update their knowledge once every
four years or more often as determined by the secretary of state. (E) The secretary of state shall reimburse each county for
the cost of programs established pursuant to division (B) of this
section, once he the secretary of state has received an itemized
statement of expenses for such instruction programs from the county. The
itemized statement shall be in a form prescribed by the secretary of state.
Section 2. That existing sections 3501.22 and 3501.27 of the Revised Code are hereby repealed.
Section 3. Section 3501.22 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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